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Home My WebLink About09-5679AMERICAN/HUNGERFORD : IN THE COURT OF COMMON PLEAS OF BUILDING PRODUCTS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. Oq - 5( ql (21 v& l Term V. DAVID ISON Defendant CIVIL ACTION-JUDGMENT' BY CONFESSION CONFESSION OF JUDGMENT Pursuant to the authority contained in the warranty of attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: Principal Sum $4,138.89 Attorney's Fees 620.84 Interest 125.41 Total $4,885.14 KUNDRAT & ASSOCIATES By S. undrat, Esquire ttorney I.D. No. 24958 107 Boas Street Harrisburg, PA 17102 (717) 232-3755 Attorney for Defendants Dated: August 12, 2009 OF THE NARY 2009 AUG 17 FM 2: 2 I CUM ; . su UJuNTY PENNSYLVANIA .I- ?L AMERICAN/HUNGERFORD : IN THE COURT OF COMMON PLEAS OF BUILDING PRODUCTS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. oq - 5(079 C y l 1 erw v. DAVID ISON Defendant CIVIL ACTION-JUDGMENT BY CONFESSION COMPLAINT AND NOW, comes Plaintiff, American/Hungerford Building Products, by its attorneys, KUNDRAT & ASSOCIATES, and states the following cause of action: 1. Plaintiff, American/Hungerford Building Products, is a corporation authorized to do business in the state of Pennsylvania and has a place of business situate at 150 Fulling Mill Road, Middletown, Dauphin County, Pennsylvania. 17057 2. Defendant, David Ison, is an adult individual with an address of 26 Hanover, Carlisle, Cumberland County, Pennsylvania. 17013 3. Defendant signed a Demand Promissory Note on May 12, 2009, in the amount of $4,138.89, the original of which is attached hereto as Exhibit "A". 4. The judgment to be entered by confession upon the attached Demand Promissory Note is not being entered by confession against a natural person in connection with a consumer credit transaction. 5. Judgment on the Demand Promissory Note has not been entered in this or any other jurisdiction. 6. A breakdown of the total amount due is as follows: Amount Due as per Demand Promissory Note: $ 4,138.89 Attorney's Fees (15% of $4,138.89) 620.84 Interest from May 12, 2009 through August 12, 2009 $ 125.41 TOTAL $ 4,885.14 WHEREFORE, Plaintiff demands judgment against the Defendant in the sum of $4,138.89 plus attorney's fees in the amount of $620.84, interest in the amount of $125.41, for a total of $4,885.14. KUNDRAT & A8SO,-IATES By Jo S. I Amdrat, Esquire orney I.D. No. 24958 07 Boas Street Harrisburg, PA 17102 (717) 232-3755 Attorney for Plaintiff Dated: August 12, 2009 DEMAND PROMISSORY NOTE $4,084.50 May 12, 2009 FOR VALUE RECEIVED, the undersigned, DAVID ISON, a duly authorized member of COMMONHEALTH, LLC, a Pennsylvania limited liability company, on behalf of said limited liability company, promises to pay to the order of AMERICAN HUNGERFORD BUILDING PRODUCTS, 150 Fulling Mill Road, Middletown, Dauphin County, Pennsylvania, the sum of Four Thousand Eighty-Four and 501100 ($4,084.50) DOLLARS, to be paid as follows, viz: Upon demand, without defalcation, with interest from the date hereof at the rate of Twelve (12%) Percent per year, compounded annually, on the unpaid principal from the date of this note. Presentment for payment, protest and notice of dishonor are waived. If this note is placed in the hands of an attorney or collection, I do hereby agree to pay an attorney's fee of Fifteen (15%) percent of the amount of this note and further hereby authorize and empower, irrevocably, the Prothonotary or any Attorney of any court of Record of the Commonwealth of Pennsylvania or elsewhere to appear for us at any time and enter judgment without process against us, with or without declaration, for the amount of this note, together with all charges., costs, interest and attorney's fees as above provided, and do hereby waive and release all errors in any such proceedings and waive all rights of appeal, and pursuant to and upon such judgment do hereby authorize and consent to immediate execution upon any property, real, personal or mixed, and do hereby voluntarily condemn same, and no bill in equity or other petitions shall be filed to interfere in any manner with the operation of such judgment of execution thereupon, hereby ratifying and confirming all that said Prothonotary or Attorney may do by virtue hereof, and waiving and releasing benefit of all appraisement or inquisition of real estate, stay of execution, and all rights under the exemption laws of any State, now in force or hereafter enacted. COMMONHEALTH, LLC WITNESS: By: David Ison, Member KUNDRAT & ASSOCIATES LAW OFFICES 107 BOAS STREET HARRISBURG, PENNSYLVANIA 17102 JOHN S. KUNDRAT - LL. M. Tax (717) 232-3755 E-mail: kundrat-associates@pa.net FAX (717) 232-9608 May 21, 2009 Susan J. Hartman, Esquire DUNCAN & HARTMAN, P.C. One Irvine Row Carlisle, PA 17013 Re: American Hungerford Building Products v. David Ison Our File No. 100-2008(25) Dear Ms. Hartman: Thank you for your correspondence of May 18. We would have preferred that you not amend the document without our prior approval, but what is done is done. However, the balance was as of April 15, 2009. Therefore, interest at the rate of 18% would increase the balance of $4,084.50to $4,138.89. By countersignature on this letter, your client acknowledges the difference. Please have your client execute the letter where indicated and return same to the undersigned. As a final note, please advise if you have any timeframe for the refinancing which you discussed. Sincerely, KUND T & ASS(XIATES John S. Kundrat JSK:amh David. Ison HUNGERFORD PAGE 02/02 VERIM ATION I, JOHN SHEAFFER, authorized agent of AMERICAN/HUNGE"ORD BUILDING PRODUCTS, a Masco Company, do hereby verify that the facts stated in the ;(foregoing instrument are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C_S. §4904 relating to unswom falsification to authorities. Jo#Shffer Date: t L1(r'LJs?/a?/ 4 G t-) I LED-OFOF TW PROTHMOTARY 2009 AUG 17 PM 2: 21 Pe- JNSYLVANIA. $a'1. 50 P 0 A7 -Y (?,Y?'ola9as3 Ko'?- AMERICAN/HUNGERFORD : IN THE COURT OF COMMON PLEAS OF BUILDING PRODUCTS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. _ 51079 ; I Ter P% V. DAVID ISON Defendant CIVIL ACTION-JUDGMENT BY CONFESSION CERTIFICATE OF RESIDENCE PA.R.C.P. 236 I, JOHN S. KUNDRAT, ESQUIRE, hereby certifies that the precise residence of Plaintiff is: 150 Fulling Mill Road Middletown, PA 17057 And certify that the last known address of the within Defendants is: David Ison c/o Susan J. Hartman, Esquire DUNCAN & HARTMAN, P.C. One Irvine Row Carlisle, PA 17013 Respectfully submitted, KUNDRAT & ASSOCIATES By JoW. Kundrat, Esquire A?orney I.D. No: 24958 W7 Boas Street Harrisburg, Pennsylvania 17102 (717) 232-3755 DATED: August 12, 2009 OF °0??Arurc 2009 AUG 17 PM 2: 2 (; UINTIY tVvYLVtUIA ? AMERICAN/HUNGERFORD : IN THE COURT OF COMMON PLEAS OF BUILDING PRODUCTS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. CA ,5(079 O i vi k 'Terw% V. DAVID ISON Defendant CIVIL ACTION-JUDGMENT BY CONFESSION AFFIDAVIT THAT DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, REACTED 1940 To: Prothonotary, Cumberland County Before me, the undersigned authority, personally appeared John S. Kundrat who being duly sworn according to law, deposes and says that David Ison, Defendant, are not in the Military or Naval Service, based on the following facts: Age of Defendant: unknown; Present place of employment: unknown; Address as of the date of this Affidavit: 26 Hanover, Carlisle, Pennsylvania. Respectfully submitted, KUNDRA John S. Kundrat Attorney for Plaintiff PA ID 24958 107 Boas Street Harrisburg, Pa 17102 (717) 232-3755 Sworn to and subscribed fore me this 40tday of 2009. ,-A 6L Notary P lic rg-CAMO.NWEALTH OF PENNSYLVAIA QY of Hat paN°t' Public ?'fY On 6'g, In VV r =q=q, 1A OF T} PROR40N)TARY 2009 AUG 17 PM 2: 2 ! r : NU GOUN3Y PENNSYLVANIA AMERICAN/HUNGERFORD : IN THE COURT OF COMMON PLEAS OF BUILDING PRODUCTS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. C)q - 5lorl9 cavil leak V. DAVID ISON Defendant CIVIL ACTION-JUDGMENT BY CONFESSION NOTICE OF ENTRY OF JUDGMENT TO: David Ison You are hereby notified in accordance with Pa. R.C.P. 236 that judgment has been entered on a: (x) Confession of Judgment The judgment is entered against the Defendant in the amount of $4,885.14. Possession is granted for the premises located at: A certificate has been filed that a copy of the Praecipe has been mailed to each other party who has appeared in the action or to his attorney of record. Date: / p r th otary AMERICAN/HUNGERFORD : IN THE COURT OF COMMON PLEAS OF BUILDING PRODUCTS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 09-5679 Civil Term V. DAVID ISON Defendant CIVIL ACTION-JUDGMENT BY CONFESSION PRAECIPE TO SATISFY TO: Prothonotary, Cumberland County Kindly mark the docket satisfied. Respectfully submitted, KUNDRAT & ASSOCIATES By John S. t Attorney for Plaintiff PA ID 24958 107 Boas Street Harrisburg, PA 17102 (717) 232-3755 Dated: August 20, 2009 FILED- ITCE OF THE 2009 AUG 24 AM 11: 0 1